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.,: VILLAGE OF TEQUESTA
� 'joi: Post Office Box 3273 • 357 Tequesta Drive
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' o Tequesta. Florida 33469-0273 • (407) 746-7457
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VILLAGE OF TEQUESTA
PUBLIC HEARING AND VILLAGE COUNCIL •
MEETING MINUTES
SEPTEMBER 29, 1988
I . The Tequesta Village Council held a regularly scheduled
Village Council Meeting and a Public Hearing to finalize the
budget for fiscal year 1988/89 and adopt a millage rate, at
the Village Hall, 357 Tequesta Drive, Tequesta, Florida on
Thursday, September 29, 1988. The meeting was called to
order at 5:35 P.M. by Mayor Ron T. Mackail and a roll call
was taken by the Village Clerk. Councilmembers present
were: Ron T. Mackail, Mayor; Edward C. Howell, Vice-Mayor;
Councilmembers William E. Burckart, Joseph N. Capretta and
Earl L. Collings. Village officials present were: Thomas G.
Bradford, Village Manager; Wendy K. Harrison, Administrative
Assistant to the Village Manager; John C. Randolph, Esq. ,
Village Attorney; Department Heads and Bill C. Kascavelis,
Finance Director/Clerk.
II . Mayor Ron T. Mackail gave the Invocation and led those in
attendance to the Pledge of Allegiance to the American Flag.
III . APPROVAL OF AGENDA
A) Additions to Agenda Item VIII - ANY OTHER MATTERS:
1 ) Mr. Bradford
(a) A discussion by the Building Official concerning
Zoning Ordinance provisions pertaining to Free
Standing Signs located in commercial zoned
shopping centers
(b) Village Attorney to discuss a proposed ordinance
establishing a Code Enforcement Regulatory Board,
and Commercial Landscaping Legislation
2 ) Councilmember Burckart
(a) Loxahatchee River Management Coordinating
Committee Meeting Report
3) Councilmember Capretta
(a) Requested that the Village Manager review the
coordination of the Cypress Drive Drainage
Improvement Project and the Tequesta Drive
Widening Improvement Project.
Village Council Public Hearing
and Village Council Meeting
September 29, 1988
Page 2 -
0
(b) Suggested Council discuss the need for scheduling
a Workshop to review the Village progress to
comply with state mandated Solid Waste curb side
separation and collection requirements, and
review the State Statutes applicable requiring
compliance effective July 1, 1989 .
4) Mayor Mackail
( a) Review correspondence received regarding
continuance of WC-130 Hurricane Tracking Aircraft
Resolution.
IV. PUBLIC HEARINGS
A) The Mayor announced the purpose of the Public Hearing was
to finalize the Budget for Fiscal Year 1988/89 and adopt
the millage rate to fund said budget.
The Mayor stated that the millage rate proposed to fund
the budget tentatively approved by the Village Council is
5. 7510 mills, which is .20% less than the computed rolled-
back millage rate of 5. 7627 mills. (The rolled-back rate .
is the proper method of computing a millage rate which,
exclusive of new construction, additions to structures,
deletions, and property added to geographic boundary
changes will provide the same ad-valorem tax revenue as
was levied the previous year. )
The Village Manager provided a summary review of the
Village budgets for the Special Revenue Fund, Debt Service
Fund, Capital Improvement Fund, Water Enterprise Fund and
General Fund. Upon completion of the review, the Mayor
opened the floor to discussion by Councilmembers and the
general public, for any questions or comments concerning
adoption of the proposed millage rate of 5. 7510 mills and
the budget as presented. There being no discussion, the
Mayor requested that the Village Attorney proceed with the
readings of the resolutions in entirety for levying a
millage rate of 5.7510 mills and providing for adoption
for Village Budgets for Fiscal Year 1988/89 .
The Village Attorney read Resolution No. 14-87/88:
"A RESOLUTION OF THE VILLAGE OF TEQUESTA, FLORIDA,
PROVIDING FOR LEVYING A MILLAGE RATE OF 5.7510 DOLLARS
PER $1, 000.00 OF TAXABLE VALUATION FOR THE FISCAL YEAR
1988/1989.
Village Council Public Hearing
and Village Council Meeting
September 29, 1988
Page 3 -
WHEREAS, IT IS NECESSARY FOR THE VILLAGE OF TEQUESTA TO
ADOPT BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1,
1988; AND
WHEREAS, THE GENERAL FUND BUDGET FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 1988 REQUIRES A MILLAGE RATE OF
$5. 7510 DOLLARS PER $1,000.00 OF TAXABLE VALUE;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA:
Section 1. That the millage rate of $5. 7510 dollars per
$1, 000.00 of taxable valuation for the fiscal year
1988/1989 be and is hereby adopted.
Section 2. That the millage rate of $5. 7510 dollars per
$1, 000.00 of taxable valuation for the fiscal year
1988/1989 is . 20% less than the rolled-back rate.
Section 3. That certified copies of this Resolution be
forwarded to Palm Beach County Property Appraiser, Palm
Beach County Tax Collector and State Department of
Revenue. "
Councilmember William E. Burckart moved, seconded by
Councilmember Earl L. Collings, "to adopt Resolution No. 14-
87/88 as presented. " The vote on the motion was:
Ron T. Mackail - for
Edward C. Howell - for
Joseph N. Capretta - for
Earl L. Collings - for
William E. Burckart - for
the motion therefore passed and Resolution No. 14-87/88 was
adopted.
The Village Attorney read Resolution No. 15-87/88:
"A RESOLUTION OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING
FOR THE ADOPTION OF THE BUDGETS FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 1988.
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Village Council Public Hearing
and Village Council Meeting
September 29, 1988
Page 4 -
WHEREAS, it is necessary for the Village of Tequesta to adopt
budgets for the fiscal year commencing October 1, 1988; and
WHEREAS, the Village Council of the Village of Tequesta,
Florida held public hearings on September 15, 1988 and
September 29, 1988 on the budgets for the fiscal year
commencing October 1, 1988;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA:
Section 1 . That the budgets for the fiscal year commencing
October 1, 1988, attached to and made a part of this
Resolution and marked Exhibit "A" are hereby adopted.
Section 2. That the Village Manager is hereby authorized to
execute "intra-fund" transfers within the line item
appropriations of individual Village Fund Budgets, as he
deems necessary throughout the fiscal year, to enable
continuity of municipal operations. "
Councilmember Earl L. Collings moved, seconded by
Councilmember Joseph N. Capretta, "to adopt Resolution No. 15-
87/88 as presented. " The vote on the motion was:
William E. Burckart - for
Edward C. Howell - for
Ron T. Mackail - for
Joseph N. Capretta - for
Earl L. Collings - for
the motion therefore passed and Resolution No. 15-87/88 was
adopted. (A copy of Exhibit "A" through "E" Village of
Tequesta Budgets for fiscal year 1988/89 Revised September
29, 1988 is attached to and made a part of these minutes for
informational purposes. )
B ) A Public Hearing to discuss proposed amendments to the
current Village Zoning Ordinance No. 355, by adding
additional Special Exception Use (Hotels) to the C-2
Community Commercial District
y ,
Village Council Public Hearing
and Village Council Meeting
September 5, 1988
Page 5 -
The Village Attorney read by title the first reading of
Ordinance No. 375, "AN ORDINANCE OF THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO.
355, AS AMENDED, BY AMENDING SECTION VII, SCHEDULE OF
REGULATIONS, BY ADDING AN ADDITIONAL SPECIAL EXCEPTION USE TO
THE C-2, COMMUNITY COMMERCIAL DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE. "
Mr. Ladd, the Village Building Official reviewed comments
received from Mr. Gene Caputo, Village Planning and Zoning
Consultant addressing main entrance doors for accessory uses
and he suggested that sections (d) and (e) of the ordinance
be amended, which would require the entrances to accessory
use facilities such as shops, retail sale of flowers,
sundries, newspapers and books, jewelry, gifts, sportswear
and clothing, art and similar items, barber and beauty shops,
swimming pools, spas, tennis courts, cabanas, clubhouse
saunas and exercise rooms shall be located within the
interior of the hotels. The Village Attorney reviewed the
proposed ordinance in detail with Council. Mr. Ladd also
noted that the required traffic study for such a facility
would include traffic generated by the ancillary uses such
as restaurants and other accessory shops located within the
hotel.
Upon completion of the review, Councilmember Collings moved,
seconded by Councilmember Burckart, "to adopt the first
reading of Ordinance No. 375 subject to amendments to section
(d) and section (e) of the Ordinance requiring main entrance
doors for accessory uses to be modified as discussed. " The
vote on the motion was:
Joseph N. Capretta - for
William E. Burckart - for
Edward C. Howell - for
Ron T. Mackail - for
Earl L. Collings - for
the motion therefore passed and the first reading of
Ordinance No. 375 was adopted.
Village Council Public Hearing and
Village Council Meeting
September 29, 1988
Page 6 -
V. APPROVAL OF MINUTES AND REPORTS
Vice-Mayor moved, seconded by Councilmember Collings, "to
approve the Village Council Minutes of the meeting held
September 15, 1988, the Village Council Workshop Meeting
Minutes of the meeting held September 22, 1988, the Village
Manager' s Report covering the period of September 12, 1988
through September 23, 1988, and the Tequesta Planning
Commission Meeting Minutes of the meeting held August 10,
1988 as presented. " The vote on the motion was:
William E. Burckart - for
Joseph N. Capretta - for
Ron T. Mackail - for
Earl L. Collings - for
Edward C. Howell - for
the motion therefore passed and was adopted.
VI . COMMUNICATION FROM CITIZENS
A) Village resident, Mr. Robert Sattley addressed Council
concerning a hazardous condition existing for pedestrians
along the eastside of Old Dixie Highway from Eyeball
Avenue to Tequesta Drive for lack of a pedestrian pathway,
and a pathway along the northside of Tequesta Drive from
Old Dixie Highway to Gallery Square North. The matter was
referred to the Village Manager for his review and
recommendations.
VII. NEW BUSINESS
A) The Village Attorney read by title Resolution No. 16-87/88
"A RESOLUTION OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, SUPPORTING THE ARTS IN TEQUESTA AND URGING EVERY
TEQUESTA CITIZEN TO BE COGNIZANT OF THE IMPORTANCE OF
COMMUNITY CULTURAL DEVELOPMENT AND URGING THE TEQUESTA
COMMUNITY TO PROMOTE AND SUPPORT THE ARTS. " Upon
completion of the reading and a brief discussion by
Council, Councilmember Collings moved, seconded by
Councilmember Howell, "to adopt Resolution No. 16-87/88 as
presented. " The vote on the motion was:
Village Council Public Hearing
and Village Council Meeting
September 29, 1988
Page 7 -
William E. Burckart - for
Joseph N. Capretta - for
Ron T. Mackail - for
Edward C. Howell - for
Earl L. Collings - for
the motion therefore passed and Resolution No. 16-87/88
was adopted.
B) The Village Manager reviewed a communication received from
E. Faye Schrecengost, Executive Director, Lighthouse
Gallery, Inc. requesting usage of Gallery Square North
Parking Lot by the Lighthouse Gallery for the 25th Annual
Arts and Craft Festival to be held on Sunday, November 20,
1988 conditioned upon an approved traffic plan, and
submittal of indemnification to the Village.
Upon completion of a review of the request, Councilmember
Burckart moved, seconded by Councilmember Howell, "to
approve the request received from Lighthouse Gallery, Inc.
for usage of Village Parking Lot to hold the 25th Annual
Arts and Crafts Festival on November 20, 1988 subject to
the conditions specified by the Village. " The vote on the
motion was:
Joseph N. Capretta - for
Earl L. Collings_ - for
Ron T. Mackail - for
Edward C. Howell - for
William E. Burckart - for
the motion therefore passed and was adopted.
C) The Village Manager reviewed a memorandum to Council
detailing revisions contained in Resolution No. 17-87/88,
providing budget revisions for items previously approved
during this fiscal year by Council to the General Fund in
the total amount of $63, 285.00 for such items as, computer
program services to provide for monthly accounting period
closings, the new ESSX telephone communication system,
Village Newsletter equipment, 50% of the cost of the new
exterior doors for Village Hall, severance pay for the
former Chief of Police, purchase of the new Emergency
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Village Council Public Hearing
and Village Council Meeting
September 29, 1988
Page 8 -
Generator for the E-911 telephone system and drainage
maintenance expenses including the Country Club Retention
Ponds. The Water Department Operation and Maintenance
Fund Operating Budget was also increased a total amount of
$30, 000.00, resulting primarily from increased water
production costs requiring additional appropriations to
electric utility service and chemical expense accounts.
Upon completion of the Village Manager' s review, Mayor
Mackail read Resolution No. 17-87/88 by title, "A
RESOLUTION OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING
FOR AMENDMENTS TO THE VILLAGE BUDGETS ADOPTED FOR FISCAL
YEAR 87/88 COMMENCING OCTOBER 1, 1987. " Upon completion
of the reading, Councilmember Collings moved, seconded by
Councilmember Capretta, "to adopt Resolution No. 17-87/88
as presented. " The vote on the motion was:
Ron T. Mackail - for
William E. Burckart - for
Edward C. Howell - for
Joseph N. Capretta - for
Earl L. Collings - for
the motion therefore passed and Resolution No. 17-87/88
was adopted.
D) The Mayor read by title Resolution No. 18-87/88, "A
RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING THE VILLAGE
OF TEQUESTA EMPLOYEE HANDBOOK AS A MASTER EMPLOYEE POLICY,
PROCEDURE AND BENEFIT DOCUMENT FOR THE VILLAGE OF
TEQUESTA. "
Mr. Bradford reviewed various sections of the Employee
Handbook including employee grievance procedures. He
thanked Ms. Wendy K. Harrison for the extensive amount of
research undertaken prior to completion of the final draft
of the document. Mr. Bradford further noted that the
Employee Handbook had been reviewed in detail with all
Department Heads at recently held staff meetings, and he
received their unanimous support for approval of the
Handbook as presented. Councilmembers Capretta and
Village Council Public Hearing
and Village Council Meeting
September 29, 1988
Page 9 -
Collings emphasized the significance and importance of the
Employee Handbook to the employees of the Village, and
suggested that the Village Manager present the document to
all employees in a professional manner emphasizing the
employee benefits and concerns of management for Village
employees. Upon completion of the review, Councilmember
Burckart moved, seconded by Councilmember Capretta, "to
adopt Resolution No. 18-87/88, adopting the Village of
Tequesta Employee Handbook as the master employee
policies, procedures and benefits documents of the
Village, as presented. " The vote on the motion was:
Earl L. Collings - for
Ron T. Mackail - for
Joseph N. Capretta - for
Edward C. Howell - for
William E. Burckart - for
the motion therefore passed and Resolution No. 18-87/88
was adopted.
E) The Village Manager reported that the Planning Commission -
an Ad Hoc Advisory Commission to Council, will expire if
Council does not provide a time extension for the
Commission. The Councilmembers reviewed the projects
undertaken by the Planning Commission and particularly
praised the results of the Tequesta Beautification Project
providing for the planting of the Queen Palm Trees along
both sides of U. S. Highway One commercial district. The
Village Attorney stated that the purpose of Ad Hoc
Committees is to conduct activities assigned by Council
and to report recommendations to Council in an advisory
capacity. Upon completion of the review, it was a
consensus of Council that the Planning Commission should
be extended for a six ( 6 ) month period to complete work
on pending projects and to provide Council with their
recommendations for any additional assignments. During
this time, Council can also determine the role to be
assigned the Planning Commission and consider new projects
which would be undertaken by the Commission.
Village Council Public Hearing
and Village Council Meeting
September 29, 1988
Page 10-
Councilmember Collings moved, seconded by Councilmember
Burckart, "to extend the Village of Tequesta Planning
Commission for a six ( 6) month period to continue work on
current projects and plan for future projects for the
Commission. " The vote on the motion was:
Joseph N. Capretta - for
Edward C. Howell - for
Earl L. Collings - for
Ron T. Mackail - for
William E. Burckart - for
the motion therefore passed and was adopted.
F) The Village Attorney read by title Resolution No. 19-87/88,
"A RESOLUTION OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, URGING GOVERNOR MARTINEZ, THE FLORIDA SENATE AND THE
FLORIDA HOUSE OF REPRESENTATIVES TO CEASE ADOPTION AND
SIGNING OF LEGISLATIVE BILLS IMPOSING STATE MANDATES UPON
COUNTIES AND MUNICIPALITIES WITHOUT FUNDING OR DESIGNATION OF
FUNDING SOURCES AND REQUESTING COMPLIANCE WITH THE PROVISION
OF FLORIDA STATUTES 11 .076 WHICH PROHIBITS THE SAME. "
During the discussion of the Resolution, it was noted that
the Florida League of Cities recently identified more than
200 unfunded local mandates passed by the Legislature since
1980 with 86% having undetermined fiscal impact on local
governments.
Councilmember Burckart moved, seconded by Councilmember
Capretta, "that Resolution No. 19-87/88 be adopted as
presented and a copy of the resolution along with an
accompanying letter be forwarded to the Governor expressing
the sentiments of Council concerning State Mandated
legislation financially impacting local governments of the
State. " The vote on the motion was:
Earl L. Collings - for
Ron T. Mackail - for
Joseph N. Capretta - for
Edward C. Howell - for
William E. Burckart - for
Village Council Public Hearing
and Village Council Meeting
September 29, 1988
Page 11 -
the motion therefore passed and Resolution No. 19-87/88
was adopted.
VIII . ANY OTHER MATTEnS
A) At the request of the Village Manager, Mr. Ladd
reviewed the current zoning ordinance regulations
applicable to Free Standing Signs permitted at Shopping
Centers. Mr. Ladd noted that Item 2 of the Free
Standing Sign Regulations permits additional free
standing signs within shopping centers providing for
100 foot intervals. The Village staff recommended that
Council consider the item 2 of the sign regulations,
thus limiting free standing signs for shopping centers
to one 60 square foot sign designating the shopping
center.
During the discussion of Council, numerous concerns
were expressed concerning the purpose of free standing
signs at shopping centers should such signs only
designate the shopping center or to also permit
designation of anchored tenants located within the
shopping center? Concerns were also expressed that
consideration should be given by Council in being too
restrictive regarding the sign regulations which may be
detrimental to current efforts to locate tenants in the
older shopping centers of the Village. Concerns were
also expressed differentiating between strip shopping
centers and major shopping centers with entrances
located on two main arteries.
Upon completion of the discussion, a consensus of
Council concerning the matter was expressed by the
following motion by Councilmember Earl L. Collings,
seconded by Vice-Mayor Edward C. Howell, "to direct the
Village staff to prepare amendments to the Zoning
Ordinance to address the number of free standing signs
submitted in shopping centers, delete Item 2 of the
zoning ordinance permitting multiple free standing
signs in shopping centers, declare zoning in progress
while the matter is being addressed, schedule a
workshop of the Administration and Finance Committee of
Council to review the matter, and direct the Building
Official to comply with the Zoning in Progress by not
Village Council Public Hearing
and Village Council Meeting
September 29, 1988
Page 12 -
issuing any building permits for free standing signs. " The
vote on the motion was:
William E. Burckart - for
Ron T. Mackail - for
Joseph N. Capretta - for
Edward C. Howell - for
Earl L. Collings - for
the motion therefore passed and was adopted.
B) Village Attorney Randolph reviewed a draft of Ordinance No.
376 relating to the creation of a Code Enforcement Board for
the Village empowering such Board to have enforcement and
jurisdiction of the various chapters of the Village Code of
Ordinances regulating building and building regulations,
health and sanitation, licensing, noise, signs, billboards,
etc. , zoning and subdivision regulations. Mr. Randolph noted
that various municipalities in Palm Beach Counties utilizing
a municipal code enforcement board have been able to deal
with substandard conditions existing throughout their
municipalities effectively without unnecessary delays that
previously occurred when processing such matters in the
County courts.
During the discussion of the proposed ordinance, it was the
consensus of Council that the recommendation be given serious
consideration for adoption and the ordinance proposed was
referred to the Administration and Finance Committee of
Council for review and its recommendations to Council upon
completion of their review.
C) The Village Attorney reviewed a proposed draft of an
Ordinance addressing landscaping requirements of commercial
zoned properties, which provided amortization provisions
required to meet the landscaping ordinance regulations.
During a discussion of the proposed landscaping ordinance
draft, it was the consensus of the Council that further study
was necessary on the matter and Council referred the matter
to the Administration and Finance Committee of Council for
further review, scheduling of a Workshop if necessary, and
its recommendations to Council concerning adoption of
legislation addressing the landscaping ordinance provisions.
Village Council Public. Hearing
and Village Council Meeting
September 29, 1988
Page 13 -
During the discussion, Councilmember Burckart expressed
concern that consideration should be given to provide
adequate staffing within the Building Department necessary•to
administer enforcement of the additional regulations being
adopted by Council.
D) Councilmember Burckart reported that he attended the meeting
held on Monday, September 26, 1988 of the Loxahatchee River
Management Coordinating Council and the Council reviewed the
Comprehensive Plans of the Village of Tequesta and the Town
of Jupiter. Mr. Burckart noted the only comment concerning
the Village Comprehensive Plan was made by a Department of
Natural Resources representative who commented about the
water consumption by the Village of Tequesta wells and noted
the possibility of salt water intrusion resulting from such
level of water consumption. Mr. Bradford indicated that the
Village recently completed a study undertaken at the request
of the South Florida Water Management District concerned
primarily with salt water intrusion to Village wells.
E) The Village Manager reviewed the coordination of the Cypress
Drive Drainage Improvement Project and the Tequesta Drive
Widening Improvement Project in detail. Mr. Bradford further
noted that a permit for the Tequesta Drive Improvement
- Project would be dependent upon prior permitting for the
Cypress Drive Drainage Improvement Project. Such a
requirement could possibly require the Village to purchase an
easement from the railroad to provide a temporary retention
pond for drainage run-off prior to receiving permitting for
the Tequesta Drive Improvement Project. Mr. Bradford further
indicated that he is coordinating his efforts for both
projects with the Town of Jupiter and they are confident that
a conceptual design approval by South Florida Water
Management District for the Cypress Drive Drainage
Improvement Project will be received.
F) The Village Manager requested that the Village Attorney
secure a copy of the deed to the Gallery Square North Parking
Lot for review by Village Staff members prior to providing
recommendations to Council concerning the property.
Village Council Public Hearing
and Village Council Meeting
September 29, 1988
Page 14 -
G) Mayor Ron T. Mackail commended Councilmember Burckart for his
efforts and communications concerning the recently adopted
Resolution No. 13-87/38 requesting that the United States
Congressional Delegation take the necessary steps to ensure
continued future funding for twelve or more United States Air
Force WC-130 Aircraft or similarly equipped aircraft for
meteorological analysis of storm events in the interest of
public safety and welfare.
There being no other business before the Council, the meeting
was adjourned at 8:05 P.M.
Respectfully submitted,
Bill C. Kas velis
Finance Di ector/Clerk
BCK/mk
Enclosures
Date Approved:
October 13, 1988
